How Does Refusing a Breath Test Impact DUI Defense Strategies?
Under Nebraska law, breath tests are frequently used to determine whether a driver was operating a vehicle while under the influence. The goal of these tests is to measure the blood alcohol concentration (BAC) in a driver's system. While you technically can refuse a breath test during a DUI stop, doing so can have significant legal consequences and directly impact your defense strategy.
At Abrahamson Law Office, located in Omaha, Nebraska, we understand that being charged with a DUI can be a stressful and overwhelming experience. However, it's essential to know how refusing a breath test may affect your DUI case, the penalties associated with refusal, and steps you can take to protect your rights.
Nebraska's Implied Consent Law
Nebraska follows an implied consent law for DUI chemical testing. By driving on public roads, you are presumed to have given your consent to submit to chemical testing—such as a breath, blood, or urine test—if you are suspected of driving under the influence.
The purpose of this test is to determine your BAC and establish whether you exceed the legal limit of 0.08% for drivers aged 21 and older (or 0.02% for drivers under 21). Refusing to submit to a breath test is not treated the same as failing a test. However, it is still a serious matter.
Suppose you refuse to comply with a law enforcement officer's request for chemical testing. In that case, the refusal is automatically categorized as a separate violation and you will be subject to immediate and long-term consequences regardless of the outcome of your DUI case.
Penalties for Refusing a Breath Test in Nebraska
When you refuse a breath test, Nebraska law imposes strict administrative penalties under the state's implied consent regulations. These penalties can include:
Administrative license revocation: If you refuse to take a breath test, your driver's license will be automatically revoked for one year for a first-offense, even if you are acquitted of a DUI. Law enforcement will issue an immediate confiscation of your license and provide you with a 15-day temporary permit, allowing you to challenge the revocation.
Ignition interlock device during suspension: After refusing a breath test, you have the option to apply for a special ignition interlock permit (IIP). This device requires you to take a breath test before starting your car, and periodic tests are needed to keep the engine running. While this option offers conditional driving privileges, it comes at an additional financial cost.
Refusal as evidence: Refusing a breath test can have serious implications during your DUI trial. Prosecutors are allowed to present your refusal as potential evidence of guilt, arguing that you refused the test because you knew you were intoxicated.
It's important to recognize that the penalties for breath test refusal are separate from those for a DUI conviction, which can include fines, jail time, and additional license suspensions. If you have refused a breath test during a DUI traffic stop, reach out to an experienced attorney as soon as possible.
How Refusing a Breath Test Impacts Your Defense
Refusing a breath test can present unique challenges when structuring a DUI defense. While it may seem like refusal could protect you by denying law enforcement concrete BAC evidence, it can often complicate your defense efforts. Some of the primary ways refusing a breath test can impact your defense include:
Perception of guilt: Refusing to submit to testing can create an impression of guilt, both with law enforcement and in court. Prosecutors will frequently argue that a refusal demonstrates a desire to hide your impairment.
Limited evidence to challenge: Without clear results from a breath test, your defense attorney loses an essential piece of evidence that can be used in your defense.
Stiffer penalties upon conviction: Nebraska courts often impose harsher penalties on individuals who refuse a breath test. Speak with an attorney to learn about your rights.
Reliance on observational evidence: Without a breath test, law enforcement will rely on other evidence to prove impairment, such as field sobriety test performance, officer observations, and body camera footage. These types of evidence are often highly subjective and harder to dispute than objective BAC results.
How to Defend a DUI Case Following a Breath Test Refusal
At Abrahamson Law Office, we understand that breath tests can be stressful. However, if you refused a breath test, there are other defenses we can use to develop a customized defense strategy during a DUI case. The primary potential defenses include the following:
Challenging a traffic stop: Law enforcement must have reasonable suspicion to initiate one. If the officer lacked proper justification, any evidence collected during the stop may be deemed inadmissible in court.
Questioning officer conduct: Police officers must follow strict procedures during DUI stops, including informing you of Nebraska's implied consent law. If the officer failed to adequately explain the consequences of refusing a breath test or misbehaved during the interaction, this could weaken the prosecution’s case against you.
Highlighting constitutional violations: Evidence obtained through any breaches of your constitutional rights, for instance, an unlawful search or seizure, can often be excluded from trial. In some cases, this could include evidence of your breath test refusal.
Presenting alternative explanations: Factors such as medical conditions, fatigue, or anxiety could explain behavior that was interpreted as impairment during the traffic stop. Our attorneys can help you present alternative explanations for officer observations that led to the DUI charge.
Negotiating plea bargains: When appropriate, we can explore plea agreements to reduce the severity of the charges or penalties. This might include requesting a "wet reckless" plea, which carries less severe penalties than a DUI conviction.
Contact Abrahamson Law Office for Experienced DUI Defense in Omaha, Nebraska
Refusing a breath test during a DUI traffic stop can have significant consequences and impact your available defense strategies. If you have refused a breath test or are curious how breath test refusal could affect your case, an experienced attorney can help.
At Abrahamson Law Office, we are committed to protecting our clients' rights and developing strong defense strategies, even in challenging cases involving breath test refusals. We understand Nebraska’s DUI laws and know how to advocate effectively on your behalf. Facing a DUI charge can be overwhelming, but you don’t have to handle it alone.
Located in Omaha, Nebraska, we serve clients throughout Douglas County, Sarpy County, and the surrounding areas. Together, we can work toward the best possible outcome for your case. Contact us today to schedule a consultation.